Q & A with Prop West

Q) I am renting my house on a one-year lease. I have been having trouble making the mortgage payments and the bank sent a "Notice of Default."
The tenant received a copy of this notice. The tenant is now claiming that she does not have to pay rent since I am in default. I will not be losing the house in foreclosure, as I will be making up the payments soon. Can she just stop paying rent?

A) As long as you own the house, your tenant must abide by the terms of the lease and pay you the rent. You should immediately issue a "Notice to Pay Rent or Quit" and proceed with an eviction, if the rent is not paid.

(Taken from Apartment Owners Association News; February 2009)

Q & A with Prop West: Tenant Screening

Q) Can I decline an applicant on the basis that the tenant is a smoker?

A) It is certainly within a landlord's right to have a smoke-free environment. Landlords have been getting complaints from tenants regarding second-hand smoke. I can anticipate that some tenant will file a lawsuit against the landlord for allowing the situation to continue. On this basis, I think it is wise to discriminate against smokers.

- It might be wise to advertise the vacant unit or building as "non-smoking."

(Take from Apartment Owners Association Magazine; February 2009)

Q & A with Prop West: Rent Control

Q) I have a rent controlled unit in the city of Los Angeles. I do not have a rental agreement with one of the tenants. Last year, this tenant brought in a roommate. I never accepted any rent from this person. I have now learned that my original tenant has vacated and this roommate does not want to leave. What rights do I have?

A) This roommate can be forced to vacate. The tenancy ended once the original tenant vacated. You can serve a 3-Day Notice to Quit on this person and commence an eviction if the roommate refuses to evict.

(Taken from the Apartment Owners Assciation News, February 2009)

Q & A with Prop West

Q) My tenant locked herself out of her unit, late at night. The resident manager refused to answer the door at this late house so the tenant had to call a locksmith to come. The tenant now claims that I am responsible for the cost of the locksmith since my manager refused to open the door. Am I responsible?

A) An apartment manager does not have to be available 24 hours a day. Your manager has every right not to answer the door at that time. The tenant is responsible for the cost of the locksmith.

(taken from Apartment Owners Association News; Feb. 2009)

Q & A with Prop West: Section 8

Q)I have an applicant for one of my units who wants me to accept him as a Section 8 (rent subsidized) tenant. I told him that I do not take Section 8 tenants. He told me that he would be filing a discrimination complaint. Am I required to take Section 8 tenants?

A) It is not considered discriminatory to refuse to accept a Section 8 tenant. I have many clients who have been terminating their Section 8 agreements. This can (also) be done in rent controlled units.

(Taken from Apartment Owners Association News, Feb. 2009)

Q & A with Prop West

Q) I rented a house to a tenant, which has a large lawn area. The tenant is refusing to water the lawn as he claims that it is causing his water bill to go up. I am afraid that the lawn will die. Under the agreement the tenant is to pay for water. What should I do?

A) Your tenant is responsible to maintain the premises. The law imposes this in every lease agreement. Since your tenant is required to pay for the water, it is his sole responsibility to water the lawn to maintain its condition. As a practical solution, you might (want) to offer the tenant a slight discount in the rent, so that (the) tenant will comply willingly.

(taken from Apartment Owners Association News, February 2009)

Q & A with Prop West: Rent Control

Q) I have a tenant who issued a 30-day notice that he would be vacating. I was very happy to receive that notice, as his rent is very low and this is a rent controlled apartment. I sent him a letter acknowledging the fact that I received his notice. He now informs me that he has changed his mind and does not want to vacate. Can I force him off the property?

A) Since you accepted his notice, you have the right to proceed with an unlawful detainer, if the tenant fails to vacate.

(taken from Apartment Owners Association News, Feb. 2009)